1 Colo. Code Regs. § 104-3-10

Current through Register Vol. 48, No. 1, January 10, 2025
Rule 1 CCR 104-3-10 - Disfigurement Hearing and Award

A claimant may request a determination of additional compensation for disfigurement to areas of the claimant's body normally exposed to public view by filing an Application for Hearing - Disfigurement Only ("Disfigurement Application"). Unless the parties agree otherwise, the date of the Disfigurement Application must be at least 6 months from the date of injury except when the claimant has had surgery, in which case the Disfigurement Application must be at least 6 months from the date of surgery. If a final admission of liability has been filed pursuant to section 8-43-203(2)(b)(II)(a), C.R.S., a claimant may request a hearing on disfigurement regardless of the date of injury or surgery.

A. Disfigurement Application.
1. A Disfigurement Application shall be on a form provided by the OAC, or on a substantially similar form.
2. An opposing party may file a Response to the Disfigurement Application within 10 days of service of the Disfigurement Application.
3. The OAC will set the matter for hearing at a location, date, and time of its choosing, and shall send notice of the hearing to the parties, as provided by OACRP 11.
4. The OAC may reject any Disfigurement Application that is not complete. The rejection of a Disfigurement Application shall be without prejudice.
B. Disfigurement Award - Photographs.

Requests for a Disfigurement Award by photograph shall be filed with the DOWC. The claimant shall not simultaneously file a Request for a Disfigurement Award by photograph and a Disfigurement Application. Should the claimant be dissatisfied with an award based on photographs, the claimant is permitted to file a Disfigurement Application with the OAC.

C. Disfigurement Orders.

Unless otherwise provided in the disfigurement award order, the employer or insurer is entitled to a credit for any amount previously paid for disfigurement. If the amount of the credit exceeds the disfigurement award, the employer or insurer may offset the amount of the credit against any future temporary or permanent disability benefits.

1 CCR 104-3-10

38 CR 05, March 10, 2015, effective 3/30/2015
42 CR 16, August 25, 2019, effective 9/14/2019
44 CR 11, June 10, 2021, effective 6/30/2021
46 CR 15, August 10, 2023, effective 9/1/2023